A Principal Contractor and a road building sub-contractor have been fined after a worker was fatally struck while working on roadworks near Lidgate in Suffolk.
Ipswich Crown Court heard that Kier Integrated Services Ltd was the Principal Contractor for the roadworks and Sean Hegarty Ltd was the sub-contractor on the B1063 north of Lidgate, Suffolk during work to repair the surface of the road, under a contract between Kier Integrated Services Ltd and Suffolk County Council.
On 13 May 2014, workers from Sean Hegarty Ltd were using a road planer to remove the old tar from the south bound side of the road, while the north bound side had traffic lights to control the direction of the traffic. During this operation, the driver of the company’s flatbed lorry observed a roadworks colleague lying in the road to the offside rear of his vehicle, which had been reversing slowing behind the road planer’s conveyor belt to collect the debris the planer scraped from the road’s surface.
The man was taken to hospital, but died of his extensive injuries.
The Health and Safety Executive (HSE) (19 December 2017) prosecuted Kier Integrated Services Ltd and Sean Hegarty Ltd after an investigation found the companies failed to ensure that the operation of the road planer was carried out in such a manner to ensure vehicles and pedestrians could move safely around the roadworks without exposing persons to risks to their health and safety.
Kier Integrated Services Ltd of Tempsford Hall, Sandy, Bedfordshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £1.8million and ordered to pay £12,405 in costs (plus a victim surcharge of £120).
Sean Hegarty Ltd of 85 High Road West, Felixstowe, pleaded guilty to breaching Section 2(2) of the Health and Safety at Work etc Act 1974 Suffolk. The company was fined £75,000 and ordered to pay £12,405 in costs (plus a victim surcharge of £120).
Speaking after the hearing, HSE Inspector David King said:
“The planning of roadworks needs to start by considering the design, and how road workers and members of the public will be protected from moving vehicles, this could mean road closures, reducing speed limits or other measures. Whatever the controls in place, those in the area need to have sufficient space, barriers and controls to ensure the risks to them are minimised.
“In this instance the only control measures in place were cones along the centre of the road, and traffic was allowed to pass at 60mph, close to the workers who were not provided with a safety zone given the lack of space. Had adequate controls and a safe system of work been in place this terrible incident could have been prevented.”
Guidance on managing roadworks is available in The Secretary of State for Transport “Safety at Street Works and Road Works” Code of Practice, known in the industry as Chapter 8, or the Red Book.
Notes to Editors:
- The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We seek to prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
- More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
- HSE news releases are available at http://press.hse.gov.uk
- The Health and Safety at Work etc Act 1974,
- a) Section 2(2) “Without prejudice to the generality of an employer’s duty under the proceeding subsection, the matters to which that duty extends include in particular (A) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health (B) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of substances; (c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees ; (d) so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks. “
- b) Section 3(1) “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health & safety.”